The iPhone Meets the Fourth Amendment

background image writes "According to Alan M Gershowitz, the doctrine of "search incident to arrest" may allow devices such as mobile phones, PDAs and laptops to be thoroughly searched without either probable cause or warrants [PDF download below abstract]. Incriminating evidence found in such searches may be used against you whether or not it is germane to the reason for the original arrest. He notes, 'Obviously, the framers of the Fourth Amendment could not have conceived of a handheld technological device like the iPhone, and courts have not yet been called upon to answer most of the difficult questions posed by such devices.' We've discussed similar search issues recently, as well as other privacy concerns related to modern technology.

Comments

s/Gershowitz/Dershowitz

[Yonkeltron]

I think they made a spelling error. It's Alan M. Dershowitz

http://en.wikipedia.org/wiki/Alan_Dershowitz

Re:In archaic terms...

[Watson Ladd]

Your still screwed by "to keep and bear arms". You only have a right to keep arms if you are also bearing them. You have no right to keep them for duck hunting, or deer hunting, or any other use other then bearing them.